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STATE EX REL. NILSEN v. LEE

444 P.2d 548 (1968)

STATE of Oregon ex rel. N.O. Nilsen, Commissioner of the Oregon Bureau of Labor, Respondent, v. Jim LEE and Ida Lee, Formerly Doing Business As China Doll Restaurant, Appellants.

Supreme Court of Oregon, Department 1.

Decided August 23, 1968.

Attorney(s) appearing for the Case

John R. Faust, Jr., Portland, argued the cause for appellants. With him on the briefs were Cake, Jaureguy, Hardy, Buttler & McEwen, Portland.

Thomas N. Trotta, Asst. Atty. Gen., Portland, argued the cause for respondent. With him on the brief were Robert Y. Thornton, Atty. Gen., Salem, and H.J. Belton Hamilton, G. Dwyer Wilson, Dale W. Conn, Victor Levy and Albert Menashe, Asst. Atty. Gen., Portland.

Before PERRY, C.J., and McALLISTER, O'CONNELL, DENECKE and RODMAN, JJ.

O'CONNELL, Justice.

This is an action by the Labor Commissioner of the State of Oregon on twenty-three assigned claims for unpaid wages. The trial court held that defendants were liable on nineteen of the claims for a total of $4,267.88 in wages and $11,186.70 in penalties. The trial court also assessed a Commissioner's penalty of $422.89 and allowed plaintiff attorney's fees in the amount of $1,000. Defendants appeal.

In June of 1965, defendants Jim Lee and...

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